Research On The Environmental Clause Of The Constitution And The Way To Realize The Environmental Right

As a national policy,ecological civilization has been incorporated into the rule of law system,which provides further legal guidance for the country to change its development mode.The system of environmental protection constitutional norms is gradually formed by the combination of national policies,national tasks and environmental human rights.The construction of ecological civilization mainly includes two aspects: the performance of national environmental protection duties and the protection of citizens’ environmental rights.The former is the explicit clause in the constitution,while the latter is the implicit clause.The two is actually inconsistent.Citizens’ demands for environmental rights can’t be fully guaranteed by the performance of national obligations.The first chapter describes the process of national ecological construction and the development of environmental protection and rule of law.The incorporation of ecological civilization into the constitution enriches the original environmental clause system of the constitution.Because the environmental provisions of the constitution are based on the overall interests of the public environment,and the construction of ecological civilization mainly exists as a national goal,the main task of national construction lies in the overall improvement of the ecological environment,and citizens’ substantive environmental rights can only be protected through the promotion of public environmental interests.The second chapter introduces the responsibilities of state organs in environmental protection based on constitutional provisions.At present,the state has greatly improved the overall ecological environment through the performance of environmental protection responsibilities.The legislature guides the improvement of environmental behavior through legislation and restricts the behavior of destroying the environment;the administrative organ fully performs the function of policy-making and curbs the pollution behavior through administrative punishment;the judicial organ protects the group interests through case relief.The third chapter discusses the existing ways of environmental protection.In the case that the existing environmental provisions do not stipulate the environmental rights of citizens,there is a wide range of individual environmental protection in China,but the case protection is weak.When individual environmental rights are violated,there is still a lack of independent right basis.The procedural environmental rights,including the right of environmental relief,need to depend on other rights to be protected.It is necessary to incorporate environmental human rights into the normative basis of citizens’ environmental rights and provide necessary support when individual environmental rights are violated.